Tender Agency Agreement for Hong Kong

Tender Agency Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and regulates the relationship between a principal company and an appointed tender agent. The document outlines the agent's authority to identify, prepare, and submit tenders on behalf of the principal, including specific responsibilities, compensation structures, and compliance requirements. It incorporates Hong Kong's legal requirements, particularly regarding competition law and anti-bribery provisions, while defining the scope of agency services, risk allocation, and operational procedures for tender participation.

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What is a Tender Agency Agreement?

The Tender Agency Agreement is essential for companies seeking to participate in tenders in Hong Kong and surrounding markets who require specialized expertise and local representation. This document type is particularly crucial when a company needs professional assistance in identifying, preparing, and submitting tender responses, especially in complex or regulated industries. The agreement encompasses all aspects of the tender process, from initial identification to final submission and potential negotiations, while ensuring compliance with Hong Kong's legal framework, including the Competition Ordinance and Prevention of Bribery Ordinance. The Tender Agency Agreement defines the agent's scope of authority, responsibilities, compensation structure, and reporting obligations, while protecting both parties' interests through clear risk allocation and compliance mechanisms.

What sections should be included in a Tender Agency Agreement?

1. Parties: Identification of the Principal and the Agent, including full legal names and registered addresses

2. Background: Context of the agreement, including the Principal's intention to participate in tenders and appointment of the Agent

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules

4. Appointment and Scope: Formal appointment of the Agent and detailed scope of authority regarding tender participation

5. Agent's Authority: Specific powers granted to the Agent and any limitations on authority

6. Agent's Duties and Responsibilities: Detailed obligations including tender identification, preparation, submission, and negotiation

7. Principal's Obligations: Principal's responsibilities including information provision and decision-making timeframes

8. Fees and Payment Terms: Agency fees, success fees, expense reimbursement, and payment procedures

9. Compliance and Anti-Corruption: Obligations regarding compliance with laws, especially Competition Ordinance and Prevention of Bribery Ordinance

10. Confidentiality: Protection of confidential information and tender-related data

11. Term and Termination: Duration of the agreement and termination provisions

12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

13. General Provisions: Standard clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Tender Agency Agreement?

1. Exclusivity: Optional provisions for exclusive agency rights, used when the Principal wants to work with only one tender agent

2. Performance Targets: Specific KPIs and performance metrics, included when the Principal wants to measure the Agent's effectiveness

3. Sub-Agents: Provisions regarding the appointment of sub-agents, included when sub-agents might be needed

4. Insurance: Specific insurance requirements, included for high-value or high-risk tenders

5. Electronic Communications: Provisions for electronic tender submissions and communications, included when electronic processes are used

6. Post-Tender Services: Additional services after tender award, included when the Agent will assist with contract implementation

7. Conflict of Interest: Detailed provisions regarding handling multiple clients, included when the Agent works with multiple parties in the same industry

What schedules should be included in a Tender Agency Agreement?

1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, commissions, and payment calculations

2. Schedule 2 - Tender Process Procedures: Step-by-step procedures for tender identification, preparation, and submission

3. Schedule 3 - Required Information and Documents: List of standard information and documents required from the Principal for tender submissions

4. Schedule 4 - Reporting Templates: Standard formats for regular reports and updates to the Principal

5. Schedule 5 - Power of Attorney: Form of power of attorney for specific tender submissions when required

6. Schedule 6 - Compliance Checklist: Checklist of regulatory and compliance requirements for tender submissions

7. Appendix A - Contact Details: Key contact persons and escalation matrix for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Information Technology

Infrastructure

Healthcare

Transportation

Energy

Telecommunications

Professional Services

Manufacturing

Government Services

Education

Defense

Financial Services

Environmental Services

Relevant Teams

Legal

Procurement

Business Development

Operations

Finance

Compliance

Risk Management

Commercial

Project Management

Corporate Secretariat

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Tender Manager

Business Development Director

Legal Counsel

Compliance Officer

Commercial Director

Project Manager

Contract Manager

Operations Director

Risk Manager

Company Secretary

Business Unit Head

Regional Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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